Health

Medical regulator views offences involving dishonesty as serious

The nine-month licence suspension and formal reprimand for professional misconduct that the College of Physicians and Surgeons of Ontario imposed on a Canadian sports doctor show how seriously the regulator takes offences involving dishonesty, says Toronto health lawyer Elyse Sunshine . Read more

Guidelines require healthcare organizations to track privacy breaches

By Kate Dewhirst . The Information and Privacy Commissioner of Ontario released new guidelines that will come into effect March 2019 but require healthcare organizations to start tracking certain kinds of privacy breaches as of January 2018. Read more

Violence against health-care workers a growing problem

With incidents of violence against health-care workers by patients and their families seemingly on the rise, Toronto health lawyer Mary Jane Dykeman says it’s critical for sector organizations to develop best practices, training tools and strategies to mitigate the risks and effectively deal with incidents when they occur. Read more

Outcomes illustrate impact of tone, content of responses to complaints

The content and tone of how health professionals respond to any complaint or investigation into their conduct can affect the disposition of the regulator, says Toronto health lawyer Lonny Rosen . Read more

Health college not appropriate forum to resolve business dispute

By Lonny Rosen and Elyse Sunshine . In a recent case , the Inquiries, Complaints and Reports Committee (Committee) of the Royal College of Dental Surgeons of Ontario (the College) took no action following a complaint against four dentists regarding their advertising practices, finding that the issues raised were essentially a business dispute that had already been arbitrated. The Health Professions Appeal and Review Board (the Board) agreed. Read more

Professional staff succession planning

By Kate Dewhirst . Professional staff in hospitals are doctors, dentists, midwives and privileged staff nurse practitioners. Read more

Coaching creates pathways to magic: Dewhirst

The coaching process of goal setting and strategizing is the fastest way to create momentum and change in your life, Toronto health lawyer Kate Dewhirst recently told a Law Society of Upper Canada (LSUC) gathering. Read more

Review board finds complaints committee decision to be unreasonable

By Elyse Sunshine and Lonny Rosen . This case involved the death of a beloved dog and a complaint made by his owners to the College of Veterinarians of Ontario (the College) about the conduct of the veterinarian who treated him. While the Health Professions Appeal and Review Board (the Board) found the Complaints Committee’s (the Committee) investigation to be adequate; it found that its ultimate disposition was unreasonable given the serious concerns involved. Read more

Health professionals and patients: the need for appropriate boundaries

The disciplinary proceedings against an Ontario family physician who admitted to showing naked pictures of himself to patients highlights the importance of all health professionals keeping appropriate boundaries with the people they are treating, says Toronto health lawyer Elyse Sunshine . Read more

Health professionals deserve the same privacy rights as all citizens

Thanks to successful lobbying by Ontario nurses, the personal health information of physicians and other health professionals remains protected because a highly contentious part of Bill 87 was removed before the law was enacted, says Toronto health lawyer Tracey Tremayne-Lloyd . Read more

Case provides guidance for psychologists

By Lonny Rosen and Elyse Sunshine . A psychologist (Dr. A) was cautioned, provided advice, and was required to complete a Specified Continuing Education and Remediation Program (SCERP) regarding a parental capacity assessment (PCA) he completed in the context of contentious family law proceedings. The case provides some helpful guidance for all psychologists (and other professionals) to avoid missteps when conducting independent assessments. Read more

Youth and medical assistance in dying: the complexities

With Canadian pediatricians saying they are increasingly being asked about medical assistance in dying (MAiD) for some patients under 18, Toronto health lawyer Mary Jane Dykeman tells The Lawyer’s Daily that physicians need to be equipped with the correct information about what the current legislative scheme permits. Read more

Bill 154 suggests ONCA may finally be proclaimed

Governance improvements offered by Ontario's omnibus Bill 154 — the Cutting Unnecessary Red Tape Act — signal the province is ready to bring meaningful change for not-for-profit organizations' regulatory regime, says Toronto health lawyer Michael Gleeson . Read more

Nurse punished for Facebook post appealing fine and costs order

By Elyse Sunshine and Lonny Rosen . A nurse in Saskatchewan who is facing a $1,000 fine and a $25,000 costs order after using social media to complain about her grandfather’s care at a palliative care facility is appealing the finding of misconduct and penalty ordered in the case. Read more

Have you looked at your professional staff rules, regulations lately?

By Kate Dewhirst . Back in the 1980s and 90s, many hospitals published medical staff “rules and regulations.” And in some cases, that package then went dormant as hospital-wide policies and procedures were introduced. Read more